HBA-EVB S.B. 839 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 839
By: West
Public Safety
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

The National Fire Protection Association estimates that at least 16 people
die each year in residential fires due to their inability to escape through
burglar bars. Currently, there is no state law requiring that all Texas
residences have at least one escape route, through a window or door, from
each bedroom either completely clear of burglar bars or fitted with burglar
bars equipped with a quickrelease mechanism. S.B. 839 prohibits a person
from installing security bars on a bedroom door or window in a residential
dwelling, with certain exceptions. This bill prohibits a person from
selling or offering to sell security bars unless the security bars or their
packaging are labeled with certain requirements. This bill also provides
that in order to qualify for use, an interior release mechanism must be
tested and shown to be effective by the state fire marshal or by a testing
laboratory under conditions and procedures approved by the state fire
marshal. It requires the state fire marshal to adopt rules to implement
testing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the state fire marshall in SECTION 1
(Section 756.084, Health and Safety Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Chapter 756, Health and Safety Code, is amended by adding
Subchapter F, as follows: 

SUBCHAPTER F.  SECURITY BARS

Sec. 756.081.  DEFINITIONS.  Defines "bedroom," "board," "department,"
"residential dwelling," and "security bars." 

Sec. 756.082.  SECURITY BARS ON RESIDENTIAL DWELLING.  Prohibits a person
from  installing security bars on a door or window of a bedroom in a
residential dwelling unless: 

(1)  the security bars on at least one door or window in the bedroom have
an interior release mechanism; or 
(2)  at least one window or door from the bedroom to the exterior may be
opened for emergency escape or rescue. 

Sec. 756.083.  LABELING REQUIREMENT.  Prohibits a person from selling
security bars or offering security bars for sale in this state unless the
security bars or their packaging are labeled in accordance with rules
adopted by the state fire marshal.  Provides that the required label must
state the requirements of Section 756.082, Health and Safety Code. 

Sec. 756.084.  TESTING.  (a)  Provides that an interior release mechanism,
to qualify for use under Section 756.082(1), Health and Safety Code, must
be tested and shown to be effective by the state fire marshal or by a
testing laboratory under conditions and procedures approved by the state
fire marshal. 

(b)  Requires the state fire marshal to adopt rules to implement this
section. 

SECTION 2.  Effective date:  September 1, 1999.  Requires the state fire
marshal to adopt the rules  required by Sections 756.083 and 756.084,
Health and Safety Code, as added by this Act, not later than December 15,
1999. 

SECTION 3.  Makes application of this Act prospective to security bars
installed, sold, or offered for sale on or after January 1, 2000. 

SECTION 4.  Emergency clause.